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Reimagining the Mediator’s Settlement Proposal
Impasse in a mediation is sometimes referred to as a "deadlock"—a situation in which the participants have become firmly locked into their…
Dispute Resolution Journal: Volume 79, Number 2
There are many times when parties to a dispute are better advised to settle rather than litigate. The lead article in this issue of Dispute…
ACTIO Magazine - Edition 26 Special Issue on Personal Data Protection
In today’s Digital Economy, the constant movement of personal data across systems and Borders drives innovation and efficiency but also heightens…
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
In this article, the authors highlight critical arbitration-Related Issues that risk managers and in-house counsel should consider when analyzing…
When Indonesian Counterparties Falter: Legal Remedies for Foreign Investors
Indonesia’s growing economy offers a wealth of opportunities for foreign investors. Nonetheless, as in any jurisdiction, investors should obtain…
CMS Technology Transformation - Financial Services Sector Report
As the pace of technological change continues to accelerate, the Financial Services (FS) sector remains at the forefront of…
Cross-Border Perspective on Arbitral Awards: Law and Practice
In this article, the author provides a comprehensive cross-border perspective on various aspects of the life cycle of an arbitral award. Arbitration…
Sunward Holdings Limited -v- Teqnion AB: Court Upholds ADR Clause in Share Dispute
The Commercial Court has warned against the issuing of "wasteful" and "premature" applications to the Courts in circumstances where there is an…
New bespoke rules for private clients arbitration: the 2025 Supplemental Swiss Rules for Trust, Estate and Foundation Disputes
As of 1 July 2025, the Swiss Arbitration Centre offers a new framework for increased efficiency in private client arbitration proceedings, with the…
Vietnam Passes Resolution on the Establishment of International Financial Centre: Key Reform on Arbitration Mechanism
On 27 June 2025, Vietnam's National Assembly officially passed the resolution on the development of an International Financial Centre ("IFC")…
Insolvency and the Arbitration Agreement - Diving into Aryan (SEA) Private Limited v Pure Group (Singapore) Pte Ltd
The intersection of the arbitration and insolvency regimes has once again come under judicial scrutiny. In Aryan (SEA) Private Limited v Pure Group…
No Surprises Here! Fifth Circuit Holds NSA Provides No Private Right of Action to Enforce IDR Awards, Deepening Judicial Divide on Award Enforcement Mechanisms
In a recently issued opinion, the Fifth Circuit has added yet another chapter to the growing debate over whether providers may seek judicial…
This contribution analyses the novelties connected to the institution of the Insurance Arbitrator, focusing on the most critical profiles connected to the competence criteria and competition with other procedures.
As is well known, last 23 May the Italian Insurance Supervisory Authority ("IVASS") issued the "Technical and Implementing Provisions referred to in…
The trends for LIDW25
With London International Disputes Week 2025 now wrapped up, we are reflecting on what it might tell us about the evolution of the disputes landscape…
Germany’s Highest Court Upholds Validity of Arbitration Agreement which Excludes German T&C Law
In an important decision this year (I ZB 48/24), the German Federal Court of Justice confirmed that parties can agree to exclude the application of…
Guinea Cancels Mining Permits and Licences: implications for foreign investors
The Guinean Government has reportedly cancelled numerous mining permits and licenses, including those held by foreign investors, as part of a broader…
Interim Romanian Administration Called for a Quick Resolution of the Intra-EU Investment Arbitration Conflict
As LIDW 2025 was roaring to its conclusion in London, a clear address in Bucharest highlighted the evolving conflict between EU law and intra-EU…
Arbitration Provision at Issue in Ninth Circuit Appeal of ERISA 401(k) Suit
The Capital Group Companies Inc. is arguing for enforcement of an arbitration provision in its 401(k) plan on appeal before the U.S. Circuit Court…
High Court of Hong Kong confirms arbitrability of shareholder claims for oppression and loss of confidence
In the recent decision in PI 1 & PI 2 v MR [2025] HKCFI 1110 (PI 1 & PI 2), the High Court of Hong Kong confirmed that certain factual and legal…
With Merit: To Infinity and Beyond? Putting Arbitration Law to the Test
Arbitration agreements with infinite scope and/or counterparties put arbitration law to the test with respect to serving justice. Watch the latest in…
AI-Driven Damages in Arbitration: Promise or Peril? A Debate Recap from CIAW 2025
At California International Arbitration Week 2025, Young CalArb and the Silicon Valley Arbitration & Mediation Center - Young Professionals…
Damages in Arbitration - A Perspective from Germany
Under German law, the determination of damages is generally a question of substantive law. The most straightforward situation for the application of…
国际仲裁早期驳回程序的域内应用——《上海仲裁委员会仲裁规则》新修订之亮点
上海仲裁委员会于2025年3月修订仲裁规则，正式引入早期驳回程序。该程序允许仲裁庭在仲裁早期阶段对明显缺乏法律依据的请求进行审查并驳回…
Court disagrees with a UNCITRAL tribunal and rules that the tribunal has jurisdiction in an investor-state dispute over a cancelled bauxite mining and aluminium production deal
The Commercial Court has ruled that a UNCITRAL tribunal was wrong to decline jurisdiction over an investor-state claim. In doing so, it disagreed…
If The Shoe Doesn’t Fit: Supreme Court Rejects “Minimum Contacts” For Personal Jurisdiction Under FSIA
The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to…
What’s in a name? Commercial Court considers identity of arbitral claimant
The English Commercial Court has dismissed challenges to an ICC arbitration award in circumstances where a corporate restructuring led to a dispute…
The Arbiter International Disputes Newsletter - Summer 2025
The Technology and Construction Court has decided a major dispute arising out of an IT project. Two points of interest were dealt with by the Judge…
Mediation deadlines—are they for real? Court of Appeal for Ontario clarifies timing requirements in dispute resolution clause
What happens when a dispute resolution clause requires “any dispute … which cannot be resolved … within thirty (30) days of the dispute arising …
Whether to Litigate or Arbitrate Insurance Disputes-Key Issues, Tips, and Potential Pitfalls
Together with Fountain Court Chambers, our speakers, including in-house counsel for FedEx, explored key considerations, practical tips, and potential…
Singapore: Anti-suit injunctions and sovereign immunity — injuncting a state-related entity
In the case of Cooperativa Muratori and Cementisti — CMC di Ravenna, Italy v. Department of Water Supply & Sewerage Management, Kathmandu and other…